Understanding Disclosures: Landlord Must Disclose Intended Utility Service Termination in Chicago
Landlord's Obligations
Under Section 5-12-100(b) of the Chicago Residential Landlord and Tenant Ordinance, the landlord needs to notify a tenant about the local government’s intention or the utility provider’s intention to terminate water, gas, electrical, or other utility service. This written notice needs to be given before the tenant signs or renews the lease or during the tenancy.
The notice needs to include the following information: intended date of termination, which service is being terminated, whether the termination will affect the dwelling unit, common areas, or both.
Consequences of Non-Compliance
If a landlord fails to fulfill the disclosure requirements mentioned above, they violated the RLTO. In such cases:
- Tenant's Right to Terminate: The tenant has the right to terminate the rental agreement by sending a 14-day letter demanding the information. If the landlord fails to provide the information within 14 days, then the tenant can terminate the lease and move out within 30 days. If the landlord does share their contact info, then the tenant can NOT terminate the lease.
- Tenant's Compensation: If the landlord continues to disregard the disclosure requirements even after receiving written notice from the tenant, the tenant may be entitled to compensation in court. This compensation can either be one month's rent or actual damages, depending on whichever amount is greater.
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